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madmanmike

Please help on non-standard I-864 Support

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Filed: K-1 Visa Country: Philippines
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We filed our AOS and received an RFE, could not verify sponsor meets minimum requirements for sponsorship.

 

I am a retired, disabled veteran. I receive VA disability and SSDI payments every month that totals a great deal more than the minimum requirement of $26k. I do not file tax returns, as my VA disability is non-taxable and my SSDI total is below taxable threshold. The iRS refuses to accept returns from me, because nothing is pair or owed. I sent letters from VA and SSA stating how much I receive every month, and noted those totals on our 864 form.

 

I'm not sure what else to send. Do I just send another copy of the same 864 with the same supporting evidence and hope they figure it out?

 

Thank you for your advice,

 

Michael

Consulate: Manila, Philippines | I-129F Sent: 2022-06-07 | NOA1: 2022-06-09 | NOA2: 2023-07-11 NVC Rec’d: 2023-08-10 | Case #: 2023-08-24 NVC Left Consulate: 2023-09-12 | Received : 2023-09-13 | Packet 3 Rec’d : | Packet 3 Sent : | Packet 4 Rec’d: 2023-09-19 | Interview: 2023-10-17 | Interview Result: Approved!

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Filed: K-1 Visa Country: Wales
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Automated hopefully someone with a brain will look at it

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Philippines
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Question 2. Is there a preference between mailing or uploading responses?

Consulate: Manila, Philippines | I-129F Sent: 2022-06-07 | NOA1: 2022-06-09 | NOA2: 2023-07-11 NVC Rec’d: 2023-08-10 | Case #: 2023-08-24 NVC Left Consulate: 2023-09-12 | Received : 2023-09-13 | Packet 3 Rec’d : | Packet 3 Sent : | Packet 4 Rec’d: 2023-09-19 | Interview: 2023-10-17 | Interview Result: Approved!

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1. Did you submit the required sponsor statement saying you are not required to file taxes or did you assume they would know that?

2. Did you check the box that says that you did not file?

3. Did you input "0" or "None" or "N/A" in 24a, b and c?

4. Did you also spell it out how your income adds up from the provided financial docs in the additional info section?

Edited by K1visaHopeful
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3 hours ago, madmanmike said:

Question 2. Is there a preference between mailing or uploading responses?

I stand by that the protocol is if you applied online, you can respond to RFEs online. 

 

I486 is paper filed so it should be paper answered. 

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Filed: K-1 Visa Country: Philippines
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47 minutes ago, K1visaHopeful said:

1. Did you submit the required sponsor statement saying you are not required to file taxes or did you assume they would know that?

2. Did you check the box that says that you did not file?

3. Did you input "0" or "None" or "N/A" in 24a, b and c?

4. Did you also spell it out how your income adds up from the provided financial docs in the additional info section?

Thank you for your responses. I will check the things you listed. 
 

Much appreciated!

Consulate: Manila, Philippines | I-129F Sent: 2022-06-07 | NOA1: 2022-06-09 | NOA2: 2023-07-11 NVC Rec’d: 2023-08-10 | Case #: 2023-08-24 NVC Left Consulate: 2023-09-12 | Received : 2023-09-13 | Packet 3 Rec’d : | Packet 3 Sent : | Packet 4 Rec’d: 2023-09-19 | Interview: 2023-10-17 | Interview Result: Approved!

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Filed: Citizen (apr) Country: Taiwan
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2 hours ago, madmanmike said:

Regarding your point 3. I fill out 24a, b and c even though I didn't file a return? Like this:

 

I-864TaxDecl-compressed.pdfUnavailable

I would write "N/A"  Then, indicate the reason beside the boxes.  If you were not required to file for those years, you can write "Reportable Income below reporting threshold" beside the boxes if that was the reason. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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1 hour ago, Crazy Cat said:

I would write "N/A"  Then, indicate the reason beside the boxes.  If you were not required to file for those years, you can write "Income below reporting threshold" beside the boxes if that was the reason. 

That is not enough. 

 

 

@madmanmike,

 

Page 8 of the I864 instructions state:

"If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful 
permanent residents from filing a U.S. Federal income tax return. See Filing Requirements in the IRS Form 1040 Filing Instructions to determine whether you were required to file."

 

You must attach a full explanation in letter format to your I864 package. 

 

I strongly suggest reading through the I864 instructions until you have full understanding of what is expected. It's very likely seeing that I864 RFEs are generic, that you have more discrepancies than you think. 

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Filed: Citizen (apr) Country: Taiwan
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6 minutes ago, K1visaHopeful said:

That is not enough. 

 

 

@madmanmike,

 

Page 8 of the I864 instructions state:

"If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful 
permanent residents from filing a U.S. Federal income tax return. See Filing Requirements in the IRS Form 1040 Filing Instructions to determine whether you were required to file."

 

You must attach a full explanation in letter format to your I864 package. 

 

I strongly suggest reading through the I864 instructions until you have full understanding of what is expected. It's very likely seeing that I864 RFEs are generic, that you have more discrepancies than you think. 

Writing "Income was below reporting threshold" on the I-864 is a written explanation. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Philippines
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Thank you to Crazy Cat and K1VisaHopeful. Your suggestions are great and appreciated. 
 

i will review the instructions once again and give it my best shot. 

Consulate: Manila, Philippines | I-129F Sent: 2022-06-07 | NOA1: 2022-06-09 | NOA2: 2023-07-11 NVC Rec’d: 2023-08-10 | Case #: 2023-08-24 NVC Left Consulate: 2023-09-12 | Received : 2023-09-13 | Packet 3 Rec’d : | Packet 3 Sent : | Packet 4 Rec’d: 2023-09-19 | Interview: 2023-10-17 | Interview Result: Approved!

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2 minutes ago, Crazy Cat said:

Writing "Income was below reporting threshold" on the I-864 is a written explanation. 

Since when are you supposed to write outside of the boxes on official USCIS applications?

Come on now. Do better. 

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Filed: Citizen (apr) Country: Taiwan
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17 minutes ago, K1visaHopeful said:

Since when are you supposed to write outside of the boxes on official USCIS applications?

Come on now. Do better. 

See @pushbrk's comment below.  Either method is acceptable, imo.

 

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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I stand by following the instructions to a T. And especially so, when one has a complicated case like this when they are tax filing exempt. 

No need to appear lazy because lazy seems more likely to be unqualified. 

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Filed: Citizen (apr) Country: Taiwan
Timeline
9 minutes ago, K1visaHopeful said:

No need to appear lazy because lazy seems more likely to be unqualified. 

The ability to financially qualify for sponsorship will be based on his proof of non-taxable income which he will have to provide as supporting documentation....not what is entered in boxes 24 a-c on the I-864.  Like I said, a formal letter is fine as an explanation of taxes not filed also.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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1 minute ago, Crazy Cat said:

The ability to financially qualify for sponsorship will be based on his proof of non-taxable income....not what is entered in boxes 24 a-c on the I-864.  Like I said, a formal letter is fine also.

Correct.

But $0 is not the most beneficially explanatory answer for adjudicator like the one this OP has encountered IF the few minimal errors he has stated are actually all that is wrong. 

Neither is "none" in this case.

"N/A" is best answer and needs to be explained in additional info section.

For some adjudicators, they'll pick apart your form at the first sign of discrepancy. 

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